§70111. Acquiring United States Government property and services

(a) General Requirements and Considerations.-(1) The Secretary of Transportation shall facilitate and encourage the acquisition by the private sector and State governments of-

(A) launch property of the United States Government that is excess or otherwise is not needed for public use; and

(B) launch services, including utilities, of the Government otherwise not needed for public use.

(2) In acting under paragraph (1) of this subsection, the Secretary shall consider the commercial availability on reasonable terms of substantially equivalent launch property or launch services from a domestic source.

(b) Price.-(1) In this subsection, "direct costs" means the actual costs that-

(A) can be associated unambiguously with a commercial launch effort; and

(B) the Government would not incur if there were no commercial launch effort.

(2) In consultation with the Secretary, the head of the executive agency providing the property or service under subsection (a) of this section shall establish the price for the property or service. The price for-

(A) acquiring launch property by sale or transaction instead of sale is the fair market value;

(B) acquiring launch property (except by sale or transaction instead of sale) is an amount equal to the direct costs, including specific wear and tear and property damage, the Government incurred because of acquisition of the property; and

(C) launch services is an amount equal to the direct costs, including the basic pay of Government civilian and contractor personnel, the Government incurred because of acquisition of the services.

(c) Collection by Secretary.-The Secretary may collect a payment under this section with the consent of the head of the executive agency establishing the price. Amounts collected under this subsection shall be deposited in the Treasury. Amounts (except for excess launch property) shall be credited to the appropriation from which the cost of providing the property or services was paid.

(d) Collection by Other Governmental Heads.-The head of a department, agency, or instrumentality of the Government may collect a payment for an activity involved in producing a launch vehicle or its payload for launch if the activity was agreed to by the owner or manufacturer of the launch vehicle or payload.

( Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1335 .)

In subsection (a)(1), before clause (A), the words "take such actions as may be necessary to" and "(by lease, sale, transaction in lieu of sale, or otherwise)" are omitted as surplus.

In subsections (b)(2) and (c), the words "the head of" are added for consistency in the revised title and with other titles of the United States Code.

In subsection (b)(2), before clause (A), the word "price" is substituted for "amount to be paid to the United States" and "the amount of such payment" to eliminate unnecessary words. The words "by any person who acquires launch property or launch services, including utilities" are omitted as surplus. In clause (C), the words "including utilities" are omitted as surplus. The words "basic pay" are substituted for "salaries" for clarity.

In subsection (c), the word "collected" is substituted for "received" for consistency in this section. The words "by the United States for launch property or launch services, including utilities" and "the general fund of" are omitted as surplus.

In subsection (d), the words "department, agency, or instrumentality of the Government" are substituted for "Federal agency or department" for consistency in the revised title and with other titles of the Code.